factual

What are some examples of prohibited conduct for Chem Dry franchisees when using the Service?

Chem_Dry Franchise · 2024 FDD

Answer from 2024 FDD Document

to impose on FRANCHISEE a fine of $5,000 for each occurrence or to terminate this Agreement. FRANCHISEE will pay any such fine when invoiced.

    1. FRANCHISEE is required to maintain a business telephone in accordance with the System Standards in the Manual.

B. AUTHORIZED PRODUCTS AND APPROVED SERVICES

The reputation and goodwill of CDI and the Franchise System is based upon and can be maintained and enhanced only by furnishing consistent high quality carpet and upholstery/drapery cleaning, spot removal, applying anti-allergen and deodorizer, and protecting services and other related products and services. FRANCHISEE agrees, therefore, to only offer such cleaning, spot removal and protecting products and other services, and Approved Services that CDI shall authorize from time to time for the BUSINESS. FRANCHISEE agrees not to sell, rent or lease the Customer List(s) or customer contracts, or otherwise use the Customer List(s) for any purpose other than in connection with the operation of the BUSINESS. FRANCHISEE agrees not to, without the prior written approval by CDI, offer or sell any type of service or offer, sell or use any product that is not authorized by CDI for the CHEM-DRY Business. FRANCHISEE will not resell any type of cleaning solutions without the express written approval of CDI. FRANCHISEE

further agrees that the equipment used in CHEM-DRY Businesses shall not be used for any purpose other than the operation of the BUSINESS in compliance with this Agreement and in the manner in which it was intended and according to operating procedures as outlined in the Manual.

C. COMPLIANCE WITH LAWS AND GOOD BUSINESS PRACTICES

    1. FRANCHISEE shall secure and maintain in force in its name all required licenses, permits and certificates relating to the operation of the BUSINESS. FRANCHISEE shall operate the BUSINESS in full compliance with all applicable laws, ordinances and regulations, including without limitation all government regulations relating to environmental protection, occupational hazards and health, worker's compensation insurance, unemployment insurance, terrorist activities, and withholding and payment of federal and state income taxes, social security taxes and sales and service taxes.
    1. The BUSINESS shall, in all dealings with customers, suppliers, CDI and the public, adhere to the highest standards of honesty, integrity, fair dealing and ethical conduct, including but not limited to, performing Approved Services pursuant to the BUSINESS within a reasonable amount of time from a customer's request. FRANCHISEE shall address all customer complaints in a timely manner and work diligently to resolve issues concerning the services provided pursuant to this Agreement. In the event CDI becomes involved in the resolution of a customer complaint, FRANCHISEE agrees to cooperate fully with CDI and its representatives in the investigation of the complaint. CDI will determine whether to offer to the customer as a result of CDI's investigation. FRANCHISEE will pay the cost of resolution, including any discounts or refunds to the customer CDI may deem, in its sole discretion, as necessary under the circumstances. CDI's decision is are binding upon FRANCHISEE.
    1. FRANCHISEE agrees to refrain from any business or advertising practice which may be injurious to the business of CDI and the goodwill associated with the Marks and other CHEM-DRY Businesses.

Source: Item 23 — Receipts (FDD pages 68–264)

What This Means (2024 FDD)

According to the 2024 Chem Dry Franchise Disclosure Agreement, franchisees face several restrictions on their conduct. Chem Dry franchisees must only offer cleaning, spot removal, protecting products, and other services that Chem Dry authorizes for the business. Unless they obtain prior written approval from Chem Dry, franchisees cannot offer or sell any type of service or product not authorized by Chem Dry for the Chem Dry business. Additionally, franchisees cannot resell any type of cleaning solutions without express written approval from Chem Dry.

Chem Dry franchisees are also prohibited from using the equipment used in Chem Dry businesses for any purpose other than the operation of the business in compliance with the Franchise Agreement. The equipment must be used in the manner intended and according to operating procedures outlined in the Manual.

Furthermore, during the term of the Franchise Agreement, Chem Dry franchisees, including their owners, managers, officers, partners, directors, and their respective spouses and adult offspring, are restricted from having any direct or indirect interest in a Competitive Business. This includes owning, performing services for, or engaging in activities that might injure the goodwill of the Marks and Franchise System. A Competitive Business is defined as any business that provides or sells carpet or upholstery/drapery cleaning services or products, tile and stone care services or products, spot removal, applying anti-allergen and deodorizer, or protective services or products, Approved Services, or any related or ancillary services or products.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.